What Is The Lemon Law?

by | Jan 22, 2015 | Attorney

photo1-home-pageThe lemon law varies somewhat from state to state but they all require that the aggrieved consumer take certain remedial actions. Lemon laws have been enacted to give consumers protection from products that right from the outset are plagued with defects. Generally speaking the laws are written in such a way that of the defective product has not be repaired to the satisfaction of the consumer in a specific timeframe which is usually the warranty period or if the item is not put as right as new after so many attempts at repair, the product is seen to be a lemon. Fortunately a consumer faced with this problem can find redress through the law.

There is not a single lemon law that covers all products, there are different laws depending n the product in question. If you were to buy a new car for example and the vehicle develops chronic problems within the first year and it is still covered by warranty it would likely be covered by the lemon laws of the state. To be afforded legal protection the defect must be significant and it must have an adverse affect on the market value of the vehicle and it must have denied you access to it for a set number of days.

Most lemon laws vary depending on the state so it is in the best interest of the consumer to study the local legal guidelines or consult with a local consumer lawyers. Still using the example of a vehicle, the standard rule is that if the vehicle is inoperable for 30 days or more during the first year or the vehicle has been in the shop four times at least for the same repair it is covered by lemon laws. This criteria is variable, in Nebraska for example the vehicle is considered to be a lemon if it has been off the road being repaired for 40 days.

Some manufacturers in an attempt to avoid the penalties will attempt to get you to waive all your rights by inserting a clause in the purchase agreement to that effect. Although this is often done it has no legal standing and the clause is invalid because lemon laws are enforceable regardless of what the contract might stipulate.

You are given two options for settlement, you can negotiate with the manufacturer or you can take the manufacturer to court. The remedy is twofold; either a return of the purchase price or a replacement vehicle. Browse the site www.yourlemonlawrights.com to know more.

Similar Posts